Belmont man pleads not guilty to murder of Waltham teenager

Friday

Apr 18, 2014 at 1:31 PMApr 18, 2014 at 11:05 PM

By Eli Shermanesherman@wickedlocal.com

A Belmont man wanted for nearly a month pleaded not guilty Friday to killing a Waltham teenager and was ordered held without bail.Domingo Mendes, 22, turned himself in to Waltham Police Thursday accompanied by his attorney, Stan Norkunas. Police allege Mendes shot and killed Waltham High School senior Tyler Zanco, 17, on March 20.Assistant District Attorney David Solet said in Waltham District Court on Friday that Mendes went to the Gardencrest Apartments complex with Taylor Poulin of Newton to conduct a $5,000 drug transaction. After a fight started, Mendes gained control of a gun and fired once in the air and "fired another shot that pierced [Zanco’s] back and killed him," Solet said.Zanco was found shot in a parking lot at the Gardencrest Apartments on Middlesex Circle, where police allege he and two friends planned a fake drug deal with Poulin, according to a police affidavit that supported the warrant for both men’s arrest. Police said Zanco wanted to retaliate against Poulin for ripping off his cousin of two ounces of marijuana.The alleged drug rip-off went awry and turned deadly. Zanco used a stun gun on Poulin, according to the affidavit. Mendes then came over to the two fighting, took a black revolver out of Poulin’s waistband and shot, police said.Zanco was taken to the hospital where he was pronounced dead.A few of Zanco’s relatives were present for Mendes’ arraignment. The Zanco family said in a statement that it appreciates the work of the Waltham Police and the Middlesex District Attorney’s Office."Today was a difficult day but it is one day closer to justice for Tyler," the family said. "We are confident that these men will be held accountable for their actions that night and justice will be served."At the hearing before Judge Gregory Flynn, Mendes covered his face with a piece of paper.Mendes was held on a probation violation, stemming from an assault case from last year. He was placed on probation for one year and hadn’t reached the end of it yet.Norkunas argued that there may be an identity issue in this case."It appears that no one said my client was definitively present [at the killing]," Norkunas said.Mendes reached out to Norkunas before turning himself in to police. After the arraignment, Norkunas said he wanted Mendes to cover his face to protect his identity from potential witnesses."People can inadvertently look at your coverage, or something in the newspaper, and then [if asked] ‘is this the person?’ they say ‘yes, this is the person.’ It’s just some added protection," Norkunas said.Two witnesses present at the scene of the crime didn’t identify Mendes as one of the assailants when presented an array of mug shots, according to the police affidavit. A third witness, who did identify Mendes, was only 60 percent certain, according to the affidavit. All three witnesses positively identified Poulin, the affidavit said.Norkunas wouldn’t say where Mendes had been hiding since the killing, but added that he wanted now to come forward and resolve the issue."He is very, very upset that he’s accused of such a crime. He’s very worried about his family. … It’s a very troubling day for him," Norkunas said. "Obviously, there is a young man who’s deceased and [Mendes] is being accused of that. He’s very conscious of the feelings of the family of the young man who died."Mendes pleaded not guilty to murder, possession of a firearm and conspiracy to violate the drug laws. He is due back in court May 20 for a probable cause hearing.Poulin was caught on March 26 in Windham, Maine. After he was extradited back to Massachusetts, he pleaded not guilty to assault and battery with a dangerous weapon, unlicensed possession of a firearm, conspiracy to violate drug laws and possession of a firearm during the commission of a felony. Poulin is next due in court May 7.